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10. Offences Against Human Body.

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0% found this document useful (0 votes)
27 views9 pages

10. Offences Against Human Body.

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Surabhi Yadav
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com/forum

TOPIC 10 | LAW OF CRIMES. (IPC: OFFENCE AGAINST HUMAN BODY)

Previous Year Question paper analysis – Lawxpertsmv India

YEAR QUESTION MARKS/ CONCEPT


Q.No.

2022 Analyze the effectiveness of 10/Q1 (c) Grievous Hurt


Sections 326-A and 326-B of the
Indian Penal Code, 1860. What
additional suggestions have
been made by the Supreme
Court of India in Laxmi vs. Union
of India Case in 2015?

2021 Discuss 'Grave and Sudden 10/Q.1(b) Culpable Homicide


Provocation' as a defence to Not Amounting to
charge of murder under IPC, Murder: Exception 1
1860 ? to Section 300 of IPC

Differentiate between the Q.2(b)(i)/5 Difference between


following: Marks Kidnapping
(Sections 359, 360
(a) Kidnapping and abduction
and 361 of IPC) &
Abduction (Section
362 of IPC)

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2020 The definition of ‘murder’ under 20/ Q. 2 (a) The concept of


section 300 of IPC is very wide. It Murder under
includes not only both section 300
intentional and unintentional
causing of death but also cases
where the death is not even
‘foreseen’. Explain

2019 ‘Every culpable homicide and 20/ Q2(c) Concept of culpable


murder is necessarily a hurt, but homicide under sec
every hurt is not necessarily a Sec- 299.
culpable homicide and murder’.
Case- R v. Govinda
Elucidate.

2018 1. Section 300(4) of the IPC will 20/ Q2(a) The concept of
be applicable in the case where Murder under sec
the knowledge of the offender as 300
to the probability of death of a
person approximate to practical
certainty” . Illustrate the
statement.

2. ‘For fixing criminal liability of


a doctor under section 304-A of
the Indian penal code, it is

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necessary to prove that the act 20/Q. 4(c) The concept of


complained against the doctor Murder under sec
must show such rashness or 300
negligence of such higher degree
as to indicate mental state which
can be described as totally Jacob Mathew v.
apathetic towards patient. Such State of Punjab
gross negligence alone is
punishable.”

In the light oflatest judicial


pronouncement, explain the
above statements.

2017 “There is a very thin but fine and 20/Q. 3 (a) The concept of
subtle distinction between Murder and culpable
culpable homicide and murder. homicide under sec.
The difference lies merely in the 299-300
different degrees of probability
Case- R. v. Govinda
of death ensuing’’ discuss the
statement and refer to decided
cases.

2016 Every confinement of the person 20/Q.4(c) Sec.340-342 of IPC


is an imprisonment, whether it
be in a common prison or in a

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private house, or in the stocks or


even by forcibly detaining one in
the public streets’’ Explain with
case laws.

2015 Explain with the help of decided 10/Q.1(e) Sec. 299 (culpable
cases as to when culpable homicide)
homicide under section 299(3)
Case- R. v. Govinda
will become murder under
section 300(4) of IPC.

2014 A assaulted his wife by kicking 20/Q.2(b) Sec 299-300,307


her repeatedly on non-vital
parts of her body. She fell down
and became unconscious. In
order to create and appearance
that she had committed suicide
he took up the unconscious body
and thinking it to be a dead body
hung it up by a rope. The post
mortem examination showed
that death was due to hanging
with the help of cases
determinesthe culpability of A.

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2.)”Distinction between death


causedby rash or negligent act
under section 304A and culpable
homicide not amounting to 20/3(b) Sec. 304 ,299.300
murder under section 304 of the
IPC is fine, but if overlooked can
result in injustice”. Discuss.

2013 ’’Fake police encounters are 10/Q1(b) Bachan Singh v. State


nothing but murders and police Of Punjab
officers committing it without
any protection of law of them
deserve death penalty as the
case fall into the rarer of the
arrest category. Comment.

2012 1. Culpable homicide is genus 12/Q.1(a) Sec.299-300


and murder is species, and that
all murders are culpable
homicide but not vice versa’
discuss in the lights of legal
provisions and some decided
case.

2. The recent Criminal law 12/Q.1(B) Opinion based


(Amendment) bill,2011 seeks to question.
replace ‘rape’ by the term
‘sexual assualt’ in the IPC and

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intends to make rape a gender-


neutral offence in the country.
Examine whether this is
appropriate. 20/Q.3(a) Sec 299-300

4. The accussed (appeallant) was


separated from his wife. She was
living with her father. The
accused was keeping their
youngest child with someone
else. During the noon of the day,
his wife took away the child
from that day, his wife took
away the child from that
someone. The accused on
hearing this, reached his father-
in-law’s place and quarreled
later in the evening of the same
day, the accused and his father-
in-law happened to meet at a
market place. They again
quarreled, grappled with each
other. Both fell down in the heat
of the moment thus generated
,the accused stabbed his father-
in-law and he died. Discuss in
the light of legal provisions

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whether the accused would have


any lawful defence in this case.

2011 An army jawan X who was away 30/Q.3(a) Sec. 299-300 of IPC
from his home for last 2 years,
requested his senior Y for leave,
which Y refused, annoyed at this
X fired 2 shots at Y, one shot
hitting beneath the knee of the
rights leg as a result of which hit
Y at the upper left arm. Y died
after ten days. Discuss the
liability of X.

2010 -----------------------------

2009 Distinguish between culpable 20+10/Q.2(b) Sec 299-300 and


homicide and causing of death Section- 304 A of IPC
by rash or negligent act.

2008 -----------------------------

2007 -----------------------------

2006 The Supreme Court of India in a Q.4(a) Analysis of AK


recent judgement pronounced, GUPTA VS. STATE OF
“Doctors cannot be held OTHERS 2018.
criminally liable under Section
304 A of the Indian Penal Code

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unless they are ‘grossly’ rash of


negligent in performing their
duties”. Is the judgement in
favour of doctors or is it against
the poor and illiterate patients
in our country? Give your views
with reasons.

2005 -------------------------------

2004 ------------------------------

2003 ------------------------------

2002 The defence of irresistible Q.1(b) Section 300 of the


impulse has frequently been Indian Penal Code,
rejected in charges of murder. 1860: Murder

2001 ------------------------------

2000 ------------------------------

ANALYSIS OF LAW OF CRIMES- OFFENCES AGAINST HUMAN BODY FOR UPSC


LAW OPTIONAL MAINS

In past 21 years of UPSC Law Optional Mains exam questions on offences against human
body under law of crimes was asked in 14 years altogether.

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This means the probability of offences against human body being asked in future UPSC
Law optional mains is very high.

Therefore, it’s a very important topic under law o which shall not be skipped.

From the above-mentioned questions and identifying their core concepts we can
observe that

1. Difference between culpable homicide and murder


2. Section-304A of IPC

are the major topic that shall never be skipped while reading the offences against
human body under law of crimes for UPSC Law Optional Mains.

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